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HomeMy WebLinkAboutJune 03, 2021 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 3, 2021 7:00 p.m. 6:45 p.m. Committee of Adjustment A. Gerhard Blatz The June 3, 2021 Council Meeting was held virtually via Zoom and livestreamed on YouTube. PRESENT: MAYOR DEPUTY MAYOR COUNCILLORS STAFF PRESENT: CAOICLERK DEPUTY CLERK DEPUTY CLERKIPLANNING COORDINATOR TREASURER FIRE CHIEFIBYLAW ENFORCEMENT OFFICER MANAGER OF PUBLIC WORKS CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. ED KETCHABAW RAINEY WEISLER C. VALERIE DONNELL DANFROESE SUSAN CHILCOTT THOMAS THAYER BRENDA GIBBONS MARGARET UNDERHILL LORNE JAMES HARRY BARANIK STEVE ADAMS DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Councillor Froese declared an interest in item 10.2-C as the application deals with his lands. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. PROCEDURAL MOTION Moved by: Councillor Donnell Seconded by: Councilor Chilcott THAT Section 6.15.1(K) of the Municipality of Bayham Procedural By- law be suspended for the duration of the June 3, 2021 Meeting of Council due to the functional abilities of the electronic meeting platform. A recorded vote was held on the Procedural Motion: Member of Council Councillor C. Valerie Donnell Councillor Dan Froese Councillor Susan Chilcott Deputy Mayor Rainey Weisler Mayor Ed Ketchabaw YES X x NO CARRIED 2021 Council Minutes June 3, 2021 B. Confidential Item re litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Gas Tax Properties) added as Item 14.1- H 4. ANNOUNCEMENTS A. Mayor Ketchabaw announced the Province has now emerged from the Stay -At -Home Order, however all other restrictions are still in place. In that regard he reminded everyone to follow existing guidelines and Stay Safe and Stay Apart. B. Mayor Ketchabaw announced June 15, 2021 is World Elder Abuse Awareness Day. C. Mayor Ketchabaw announced there will be another pop-up vaccination clinic August 12, 2021 at the Port Burwell Firehall. The first one was very well attended. D. Mayor Ketchabaw thanked all Community Volunteers and made special mention of Carter Neville who cleaned up the Vienna Skate Park. 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held May 20, 2021 B. Statutory Planning Meeting held May 20, 2021 re Zoning Amendment Dan Froese Farms Inc. and George and Susie Guenther Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the minutes of the Council Meeting held May 20, 2021 be amended to include discussion regarding 11.1.1-F; AND THAT the minutes of the Council Meeting held May 20, 2021 be adopted as amended DEFEATED Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the minutes of the Council Meeting held May 20, 2021 and the Statutory Planning Meeting held May 20, 2021 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 2021 Council Minutes 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information June 3, 2021 A. Notice of Committee of Adjustment Decision Minor Variance A-08/21 David and Deborah Andrews, 55868 Second Street, Straffordville B. Notice of Committee of Adjustment Decision Minor Variance A-09/21 Brandon and Jennifer Dyck, 9233 Richmond Road, Richmond C. Notice of Committee of Adjustment Decision Minor Variance A-10/21 Bernhardt and Maria Giesbrecht, 10580 Culloden Road, North Hall D. Notice of Passing of Zoning By-law No. Z726-2021 Timothy and Samantha Harms, 8542 Plank Road, Straffordville E. Notice of Public Meeting re Proposed Minor Variance A-11/21— Gerhard Blatz, 16 Elizabeth Street, Port Burwell Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence item 10.1.1-A - 10.1.1-E be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-34/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Site Plan Agreement — Port Burwell Periscope Playhouse Inc. Approval By-law No. 2021-034 Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report DS-34/21 regarding the Port Burwell Periscope Playhouse Inc. Site Plan Agreement be received; AND THAT By-law No. 2021-034 being a By-law to rescind By-law No. 2021-015 and to 3 2021 Council Minutes June 3, 2021 authorize the execution of a Site Plan Agreement between Port Burwell Periscope Playhouse Inc. and the Municipality of Bayham for development at the property known as 42 Wellington St., Port Burwell be presented for enactment. CARRIED E_ Report DS-35/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re County of Elgin Development Charges Background Study Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report DS-35/21 regarding the County of Elgin Development Charges Background Study be received for information; AND THAT Staff be directed to draft correspondence to the County of Elgin identifying Bayham's concerns with respect to the impact of development charges on potential development. CARRIED C. Report DS-36/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application — Dan Froese Farms Inc. Zoning By-law No. Z728-2021 Councillor Froese did not take part in discussion or vote on this Item Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report DS-36/21 regarding the Dan Froese Farms Inc. rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 20, 2021 associated with this application, there were no written submissions and no oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Dan Froese Farms Inc. identified as 7462 Plank Road from Agricultural (Al) Zone to site -specific Agricultural (A1-40) Zone to permit a farm produce outlet in a permanent building to a maximum indoor ground floor area of 260.0 m2 (2798 ft2) and unenclosed maximum ground floor are of 92 m2 (1000 ft2) with ancillary retail sales; AND THAT Zoning By-law Z728-2021 be presented to Council for enactment. D Report DS-37/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning Application — Guenther Zoning By-law No. Z727-2021 2021 Council Minutes June 3, 2021 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Report DS-37/21 regarding the Guenther rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 20, 2021 associated with this application, there were no written submissions and no oral presentations regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by George and Susie Guenther identified as 53768 Heritage Line from Agricultural (Al) Zone to site -specific Agricultural (A1-39 Zone and from Hamlet Residential (HR) Zone to site -specific Hamlet Residential (HR-12) Zone to permit one (1) single -detached dwelling where a new dwelling is not permitted in Section 5.2; zero (0) lot frontage; reduced lot area of 0.85 ha; maximum accessory building floor area of 115 m2, for the Al zoned portion and to prohibit new single -detached dwellings and accessory use buildings in the HR zoned portion of the subject lands; AND THAT Zoning By-law Z727-2021 be presented to Council for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information C Karen Vecchio, MP Elgin -Middlesex -London, Municipality of Calvin, Municipality of Grey Highlands, City of Barrie and Township of Burpee and Mills re 988 crisis line initiative (deferred from May 20, 2021 Council Meeting) L) Town of Plympton-Wyoming re Prohibition on golfing and any other outdoor recreational activities E. Municipality of West Elgin re Phragmites F. Township of Brock and Municipality of Calvin re Dead -End Road Delegations G. Township of Terrace Bay re Advocacy for Reform MFIPPA H. Municipality of Calvin re Alcohol and Gaming of Ontario Additional Licensing I. Municipality of York re Timing of Step 1 of the Provincial Roadmap to Reopen Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT correspondence item 11.1.1-A — 11.1.1-G be received for information. 2021 Council Minutes June 3, 2021 CARRIED 11.1.2 Requiring Action A. FB Connect on behalf of Xplornet Communications re Proposed Communication Installation at 11404 Culloden Road, Brownsville Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT correspondence from FB Connect on behalf of Xplornet Communications be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham approves the proposed 45.0 metre tall lite duty steel lattice style communication tower and related radio equipment on private property at 11404 Culloden Road, Brownsville, Ontario; AND THAT a formal Statement of Concurrence be submitted to FB Connect. CARRIED 11.2 Reports to Council A. Report CAO-10/21 by Thomas Thayer, CAOICIerk re Bus Stops on Dead -End Streets — Follow up to Council Correspondence Received May 6, 2021 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-10/21 re Bus Stops on Dead -End Streets — Follow-up to Council Correspondence Received May 6, 2021 be received for information. CARRIED B. Report CAO-11/21 by Thomas Thayer, CAOICIerk re Household Large Items & Hazardous Waste — Follow up to Report PS-05/21 Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report CAO-11/21 re Household Large Items & Hazardous Waste — Follow-up to Report PS-05/21 be received; AND THAT Staff proceed with the education and communication plan as identified in Report CAO-11/21; AND THAT Staff proceed to procure signage and 4 trail cams for trial enforcement. CARRIED 2021 Council Minutes June 3, 2021 C. Report CAO-12/21 by Thomas Thayer, CAOICIerk re COVID-19 Operational Update Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CAO-12/21 re COVID-19 Operational Update be received for information. CARRIED 12. BY-LAWS A. By-law No. Z727-2021 Being a by-law to further amend By-law No. Z456-2003 — Guenther (This by-law follows the recommendation in Report DS-37121 by Margaret Underhill, Deputy Clerkj Planning Coordinator during the regular meeting of June 3, 2021) b By-law No. Z728-2021 Being a by-law to further amend By-law No. Z456-2003 — Dan Froese (This by-law follows the recommendation in Report DS-36121 by Margaret Underhill, Deputy Clerkl Planning Coordinator during the regular meeting of June 3, 2021) C. By -Law No. 2021-034 Being a by-law to authorize the execution of a Site Plan Agreement between Port Burwell Periscope Inc. and The Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-34121 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of June 3, 2021) Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-law No. Z727-2021, By-law No. Z728-2021 and By-law No. 2021-034 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an "In Camera" Session at 8:24 p.m. to discuss: • personal matters about an identifiable individual, including municipal or local board employees litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board 2021 Council Minutes June 3, 2021 CARRIED A. Confidential Report re personal matters about an identifiable individual, including municipal or local board employees (Museum Board) B. Confidential Verbal Item re litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Gas Tax Properties) 14.2 Out of Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Council do now rise from the "In Camera" session at 8:42 pm and report on Closed Session Item A. personal matters about an identifiable individual, including board employees (Museum Board) C 9 Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT Confidential Report CAO-13/21 re: Personal Matters about an Identifiable Individual (Museum Board) be received for information. CARRIED Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the verbal information presented by Lorne James, Treasurer re: Litigation or potential litigation affecting the municipality (Gas Tax Properties) be received for information. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2021-036 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By -Law No. 2021-036 be read a first, second and third time and finally passed. CARRIED 2021 Council Minutes Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the Council meeting be adjourned at 8:44 p.m. CARRIED YOR June 3, 2021 9